Plaintiff Favorable
796 plaintiff favorable decisions from Delhi High Court - Orders.
Plaintiff Favorable Decisions
796 cases | Page 9 of 27
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
M/S Rspl Health Private Limited v.Bhagwati Gram Udyog Mandal & Anr
The Delhi High Court allowed a petition filed by M/S Rspl Health Private Limited, confirming a prior compromise reached with Respondent No. 1 in TM-84/2021. As part of this settlement, the respondent undertook to cancel their registered trademark 'SAKSHI XPERIA' and withdraw all related applications for marks containing 'XPERT' or 'XPERIA'. Consequently, the court disposed of all pending applications, upholding the terms of the compromise.
Aktiebolaget Volvo & Ors. v.Olvo Lubes International & Ors.
In a significant resolution for Volvo, the Delhi High Court decreed the suit after both parties reached a comprehensive settlement. The defendants formally acknowledged Volvo's exclusive statutory rights and well-known status of the 'VOLVO' trademark in India. As part of the agreement, the defendants committed to paying ₹1,50,000/- to the plaintiffs, effectively concluding the long-running dispute over trademark infringement and passing off.
M/S Kwality Food Products v.Anil Singla @ Anil Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of M/S Kwality Food Products against Anil Singla and others, finding a prima facie case of trademark infringement and passing off. The court noted that the plaintiff has been continuously using the 'Ruchi' marks for spices since 1992, establishing common law rights. Given the identical nature of the goods and deceptive similarity of the packaging, the court restrained the defendants from using the mark to prevent consumer confusion.
Opella Healthcare Group v.Vaibhav Vohra & Anr.
The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
Asian Paints Limited v.John Doe And Others
Asian Paints Limited successfully secured critical interim relief against defendants accused of trademark infringement and passing off. The Delhi High Court granted orders directing various parties—including Domain Name Registrars, banks, and mobile service providers—to suspend specific infringing websites and freeze associated bank accounts. This decisive order aims to immediately halt the sale of counterfeit products using the 'ASIAN PAINTS' mark across e-commerce platforms.
Shenzhen Hottech Electronics Co Ltd v.The Registrar Of Trademarks, Trade Marks Registry, New Delhi
The Delhi High Court overturned a trademark refusal order in favor of Shenzhen Hottech Electronics Co Ltd. The appeal was based on the fundamental principle of natural justice, as the appellant claimed they were never properly served with the Show Cause Notice before the Examiner's hearing. Citing established legal precedents, the court held that administrative bodies exercising quasi-judicial functions must afford parties a fair opportunity to be heard. Consequently, the refusal order was set aside and the matter was remanded back to the Registrar of Trademarks for fresh consideration after granting due process.
Pramit Sanghavi v.Energy Beverages Private Limited
The Delhi High Court addressed an application seeking an ad-interim ex-parte injunction in a suit concerning design infringement. The plaintiff, Pramit Sanghavi (representing market leaders in packaged natural mineral water), alleged that the defendant was imitating their registered bottle designs (Nos. 281573 and 311139) for their product "NU". After considering the prima facie case, irreparable harm, and balance of convenience, the Court granted an interim injunction to protect the plaintiffs' intellectual property rights.
Zuventus Healthcare Limited v.Zaventis Health Care Private Limited
The Delhi High Court granted an interim injunction in favor of Zuventus Healthcare Limited against Zaventis Health Care Private Limited. The court found that the defendant's mark, 'ZAVENTIS HEALTH CARE,' was visually, structurally, and phonetically similar to the plaintiff's registered trademark 'ZUVENTUS,' leading to a prima facie case of infringement and passing off. This order allows the suit to proceed while restraining the defendant from using any deceptively similar branding in relation to pharmaceutical products.
Goethe-Institut E.V. v.Abhishek Yadav & Anr.
The Delhi High Court granted an interim injunction in favor of Goethe-Institut E.V., a well-known cultural institute, against Abhishek Yadav and others. The plaintiff successfully argued that the defendant's use of similar marks like 'MAX MUELLER INSTITUTE' was likely to cause confusion among the public regarding their association with the established brand. The court found that the plaintiff had prima facie established its prior goodwill and reputation in the market for German language courses, warranting immediate protective relief pending the final trial.
Woodland (Aero Club) Pvt. Ltd v.M/S Triad Shoes
The Delhi High Court granted several interim reliefs in favor of Woodland (Aero Club) Pvt. Ltd, which is pursuing a suit against M/S Triad Shoes for trademark infringement and passing off. The court allowed the plaintiff to proceed without mandatory pre-litigation mediation and exempted them from advance service requirements. Crucially, the court passed an urgent ex-parte ad-interim injunction, authorizing a Local Commissioner to conduct a search and seizure at the defendant's premises to gather evidence of alleged infringing goods.
M/S Jay Plastic Company & Ors. v.M/S. Gurunanak Enterprises & Ors.
The Delhi High Court issued a significant interim order in the trade dress and trademark infringement suit filed by M/S Jay Plastic Company against M/S. Gurunanak Enterprises. The court granted the plaintiffs' request for an immediate local commission, allowing a Local Commissioner to search the defendants' premises and seize goods bearing deceptively similar packaging and marks (SPARROW vs ARROW). This decisive step allows the plaintiffs to gather crucial evidence of infringement and unfair competition while the main suit proceeds.
Castrol Limited v.Kapil & Anr.
The Delhi High Court granted an urgent interim injunction to Castrol Limited in its suit against Kapil & Anr., allowing the plaintiff to proceed with an ex-parte local commission. The court recognized that the defendants were allegedly manufacturing and selling counterfeit engine oils, infringing on Castrol's trademarks, trade dress, and copyrights related to their packaging. This order permits a search and seizure operation at the defendants' premises to gather evidence of infringement.
Jk Lakshmi Cement Limited v.Mr Satyawan Sehrawat & Anr.
The Delhi High Court decreed a suit filed by Jk Lakshmi Cement Limited against Mr Satyawan Sehrawat & Anr. following a successful out-of-court settlement. Defendant No. 1 acknowledged infringing the plaintiff's trademark rights and wrongly using 'J.K. Lakshmi Cement RMC'. The court formalized the agreement, which required the defendant to cease the wrongful use and surrender its GST registration obtained under the disputed trade name.
Waterways Leisure Tourism Private Limited v.Ashok Kumar And Others
The Delhi High Court granted an ex parte ad interim injunction in favor of Waterways Leisure Tourism Private Limited against Ashok Kumar and others. The court found a prima facie case that the respondents were illegally imitating, impersonating, and infringing upon the petitioner's registered trademarks ('Cordelia Cruises') and copyrighted material related to its cruise services. The order specifically restrained the defendants from using the plaintiff's marks across all media platforms and directed the blocking of an offending website until the final hearing.
Colgate Palmolive Company & Anr. v.Nixi & Anr.
The Delhi High Court issued interim directions in favor of Colgate Palmolive, addressing ongoing trademark infringement and fraudulent activities using their brand name. The court directed the domain registrar, GoDaddy.com LLC, to immediately block and suspend the infringing domain www.colgatepalmolive.work. Furthermore, the court ordered the disclosure of registrant details for the domain and mandated the freezing of a bank account linked to the scam operation, demonstrating strong judicial action against brand impersonation and cyber fraud.
Ranjit Prasad Mathuri v.Gopal Choudhary & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiff, Ranjit Prasad Mathuri, against the defendants. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning his 'GS GULAB BIDI 755' mark. This immediate relief restrains the defendants from manufacturing or dealing in bidis using marks identical or deceptively similar to the plaintiff's registered trade mark, pending further proceedings.
Radico Khaitan Ltd v.Superior Industries Ltd
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Radico Khaitan Ltd against Superior Industries Ltd. The court found that the Defendant's use of 'GREAT GRAND MASTI' for alcoholic beverages was highly likely to cause confusion and constitute trademark infringement or passing off against the Plaintiff's established mark, 'MASTIH'. This interim order immediately restricts the defendant from manufacturing or selling products bearing the impugned marks until the final hearing.
Jrpl Riceland Llp v.Crop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Tirth Agro Technology Private Limited v.Shree Bhawani Agro Industries
The Delhi High Court granted an ex-parte ad interim injunction in favor of Tirth Agro Technology Private Limited against Shree Bhawani Agro Industries. The court found that the plaintiff had made out a prima facie case regarding the unauthorized use of the trademark 'SHAKTIMAN' by the defendant on agricultural products like Rotavator Blades. This immediate relief aims to prevent irreparable harm while the main suit proceeds, underscoring the urgency in protecting established brand rights.
Tata Sia Airlines Limited v.Vistara Property Services Llp
The Delhi High Court granted an ex-parte ad interim injunction in favor of Tata Sia Airlines Limited against Vistara Property Services Llp. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'VISTARA GETAWAYS' and similar marks by the defendant across various online platforms. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.
The Delhi High Court granted urgent interim relief in favor of Hell Energy Magyarorszag Kft., addressing the misuse of its 'HELL' trademark by imposters operating fraudulent websites. The court directed domain registrars to block infringing domains, mandated banks to freeze suspicious accounts, and ordered telecom providers and government agencies (MeitY/DoT) to take steps to disable mobile numbers and block website access. This decisive order aims to protect the plaintiff's brand reputation and prevent further financial fraud.
Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.
The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Ds Agrifoods Private Limited against M/S Singhal Enterprises & Ors. The court found that the Defendant's use of the mark 'DOODMALAI' and its associated trade dress was deceptively similar to the Plaintiff's established trademark 'DOONMALAI'. Given the phonetic, visual, and structural similarity, coupled with a prior business relationship suggesting bad faith, the court ruled that the Defendants were passing off their goods. This interim order protects the Plaintiff's market standing until the final hearing.
Ambuja Cements Limited v.Sudheer Sharma And Ors
Ambuja Cements Limited filed a suit alleging that several defendants were fraudulently using its 'AMBUJA CEMENT' trademarks and associated domains to run phishing websites, deceiving consumers into making payments. The Delhi High Court granted interim relief, directing the maintenance of status quo on relevant domain names and ordering telecom/internet service providers (MEITY and DoT) to suspend access to these fraudulent sites. Furthermore, the court mandated that various defendants provide KYC documents and details of registered phone numbers to aid in identifying the perpetrators.
Singh And Singh Law Firm Llp v.Singh And Singh Attorneys
The Delhi High Court granted a permanent injunction in favor of the Plaintiffs (Singh & Singh Law Firm LLP) against the Defendants (Singh And Singh Attorneys). The court found that the defendants were infringing upon the Plaintiffs' registered trademarks and goodwill associated with the name 'Singh & Singh'. Despite modifications to the scope of relief sought, the court affirmed the right of the Plaintiffs to protect their brand identity, emphasizing the international reputation and established goodwill of the law firm.
Cipla Limited v.Bioxen Health Care & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Cipla Limited against Bioxen Health Care & Anr. regarding the use of deceptively similar trademarks for respiratory medicinal products. The court found that Cipla had established a prima facie case based on its registered marks ('BUDECORT' and 'RESPULES') and extensive market presence. Consequently, the defendants were immediately restrained from manufacturing or selling goods under names like 'BUDECOT RESPULES,' while also being required to disclose their sales figures and current stock.
Network18 Media And Investments Limited v.Www.Brawlersfightclub.Com & Ors.
Network18 Media successfully secured interim relief in the Delhi High Court against various rogue websites operating under domains like brawlersfightclub.com. The court granted a permanent injunction restraining the infringement of Network18's intellectual property, including copyright in an interview video and associated trademarks. Furthermore, the judgment issued critical directions to telecom and internet service providers to block the identified infringing URLs, providing immediate relief against online piracy.
M/S Avon Cycles Limited v.M/S Avon Automotive & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Avon Cycles Limited against M/S Avon Automotive & Ors. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning the 'AVON' mark across various vehicle and cycle components. This immediate relief restrains the defendants from manufacturing, selling, or dealing with goods under identical or deceptively similar marks until further proceedings are concluded.
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